The US Department of Defense (DOD) [official website] announced [press release] Friday that it will not withdraw charges of conspiracy against five accused plotters of the 9/11 terrorist attacks, including Khalid Shaikh Mohammed [JURIST news archive]. Chief Guantanamo prosecutor, Brigadier General Mark Martins asked the DOD's appointee, Retired Admiral Bruce MacDonald [DOD backgrounders] to dismiss the prosecution charge in order to avoid uncertainty that could delay the case [Reuters report]. In the press release, the DOD declared that it would refuse to drop the conspiracy charge because it was waiting for appellate courts to determine whether military commissions can recognize conspiracy as valid charge.